"AFRICAN AMERICAN CONNECTION " is the on-line service operated by African American Connection, LLC ("AFRICAN AMERICAN CONNECTION") on the World Wide Web of the Internet, consisting of information services and content provided by AFRICAN AMERICAN CONNECTION, affiliates of AFRICAN AMERICAN CONNECTION and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of AFRICAN AMERICAN CONNECTION.
(A) This Agreement, which incorporates by reference other provisions applicable to use of AFRICAN AMERICAN CONNECTION, including, but not limited to, supplemental Terms and Conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in AFRICAN AMERICAN CONNECTION, sets forth the Terms and Conditions that apply to use of AFRICAN AMERICAN CONNECTION by Subscriber. By using AFRICAN AMERICAN CONNECTION (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the Terms and Conditions hereof. The right to use AFRICAN AMERICAN CONNECTION is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. Your right to use the Site is personal to you, and you may not authorize others to use the Site, and you are responsible for all use by you and those you allow to use the Site. You may not sub-license, transfer, sell or assign this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your subscriber ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Site), you must promptly change your password and notify Service Provider of the problem by contacting our Customer Service department at firstname.lastname@example.org
(B) AFRICAN AMERICAN CONNECTION shall have the right at any time to change or discontinue any aspect or feature of AFRICAN AMERICAN CONNECTION, including, but not limited to, content, hours of availability, and equipment needed for access or use.
AFRICAN AMERICAN CONNECTION shall have the right at any time to change or modify the Terms and Conditions applicable to Subscriber's use of AFRICAN AMERICAN CONNECTION, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on AFRICAN AMERICAN CONNECTION, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of AFRICAN AMERICAN CONNECTION by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of AFRICAN AMERICAN CONNECTION and all charges related thereto.
(A) Subscriber shall use AFRICAN AMERICAN CONNECTION for lawful purposes only. Subscriber shall not post or transmit through AFRICAN AMERICAN CONNECTION any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AFRICAN AMERICAN CONNECTION's express prior approval, contains advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in AFRICAN AMERICAN CONNECTION's discretion restricts or inhibits any other Subscriber from using or enjoying AFRICAN AMERICAN CONNECTION will not be permitted. Subscriber shall not use AFRICAN AMERICAN CONNECTION to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with AFRICAN AMERICAN CONNECTION.
(B) AFRICAN AMERICAN CONNECTION contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of AFRICAN AMERICAN CONNECTION are copyrighted as a collective work under the United States copyright laws. AFRICAN AMERICAN CONNECTION owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of AFRICAN AMERICAN CONNECTION and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on AFRICAN AMERICAN CONNECTION any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of AFRICAN AMERICAN CONNECTION , Subscriber automatically grants, or warrants that the owner of such material has expressly granted AFRICAN AMERICAN CONNECTION the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants AFRICAN AMERICAN CONNECTION the right to edit, copy, publish and distribute any material made available on AFRICAN AMERICAN CONNECTION by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of AFRICAN AMERICAN CONNECTION, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF AFRICAN AMERICAN CONNECTION IS AT SUBSCRIBER'S SOLE RISK. NEITHER AFRICAN AMERICAN CONNECTION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT AFRICAN AMERICAN CONNECTION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF AFRICAN AMERICAN CONNECTION, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH AFRICAN AMERICAN CONNECTION.
Arbitration Clause. All disputes arising under this agreement between merchants, shoppers, vendors or other parties (hereafter known as parties) shall be governed by and interpreted in accordance with the laws of Indiana, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to a representative of The African American Connection (AAC) whereby, as a first step, a representative of the (AAC) will attempt to resolve any such disagreement between the parties. Failing to do so within a period of 30 days, the (AAC) will chose a licensed arbitrator in good standing with the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the state of Indiana. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section and upon all arguments being submitted before the arbitrator, shall be bound to the decision reached by the arbitrator.
(B) AFRICAN AMERICAN CONNECTION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT AFRICAN AMERICAN CONNECTION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) ) IN NO EVENT WILL AFRICAN AMERICAN CONNECTION, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AFRICAN AMERICAN CONNECTION OR THE AFRICAN AMERICAN CONNECTION SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AFRICAN AMERICAN CONNECTION . SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON AFRICAN AMERICAN CONNECTION.
(E) ) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, AFRICAN AMERICAN CONNECTION, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN AFRICAN AMERICAN CONNECTION , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. AFRICAN AMERICAN CONNECTION, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, AFRICAN AMERICAN CONNECTION, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
AFRICAN AMERICAN CONNECTION shall have the right, but not the obligation, to monitor the content of AFRICAN AMERICAN CONNECTION , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by AFRICAN AMERICAN CONNECTION and to satisfy any law, regulation or authorized government request. AFRICAN AMERICAN CONNECTION shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on AFRICAN AMERICAN CONNECTION. Without limiting the foregoing, AFRICAN AMERICAN CONNECTION shall have the right to remove any material that AFRICAN AMERICAN CONNECTION, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless AFRICAN AMERICAN CONNECTION, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of AFRICAN AMERICAN CONNECTION by Subscriber or Subscriber's Account.
Either AFRICAN AMERICAN CONNECTION or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, AFRICAN AMERICAN CONNECTION shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which AFRICAN AMERICAN CONNECTION, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
AFRICAN AMERICAN CONNECTION LLC, . All rights reserved. All other trademarks appearing on AFRICAN AMERICAN CONNECTION are the property of their respective.
AFRICAN AMERICAN CONNECTION is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, AFRICAN AMERICAN CONNECTION has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including
information providers, Subscribers or any other user of AFRICAN AMERICAN CONNECTION , are those of the respective author(s) or distributor(s) and not of AFRICAN AMERICAN CONNECTION. Neither AFRICAN AMERICAN CONNECTION nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through AFRICAN AMERICAN CONNECTION represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with AFRICAN AMERICAN CONNECTION. AFRICAN AMERICAN CONNECTION neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on AFRICAN AMERICAN CONNECTION by anyone other than authorized AFRICAN AMERICAN CONNECTION employee spokespersons while acting in their official capacities. Under no circumstances will AFRICAN AMERICAN CONNECTION be liable for any loss or damage caused by a Subscriber's reliance on information obtained through AFRICAN AMERICAN CONNECTION. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through AFRICAN AMERICAN CONNECTION. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for AFRICAN AMERICAN CONNECTION established by AFRICAN AMERICAN CONNECTION constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
AFRICAN AMERICAN CONNECTION respects the rights of all copyright holders and in this regard, AFRICAN AMERICAN CONNECTION has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AFRICAN AMERICAN CONNECTION's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact::
AFRICAN AMERICAN CONNECTION LLC
PO Box 6390, Fishers, Indiana 46038